Macomb judge allows medical marijuana use on probation

A judge admitted skepticism but is allowing two men convicted of distributing marijuana to continue using the drug for medical purposes.

Dean Ferretti, 38, of Utica; and Kent Currie, 40, of Kimball Township, were sentenced to two years probation Thursday by Judge David Viviano of Macomb County Circuit Court in Mount Clemens.

Originally charged with four counts of delivering or manufacturing more than 45 kilograms of marijuana and operating a drug house, they pleaded guilty to the lesser charges of distribution of marijuana “without remuneration” and attempt to maintain a drug house, in a plea deal.

The men claimed they were growing marijuana in Lenox Township in 2010 under the Medical Marijuana Act. But they possessed more marijuana than allowed.

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Viviano ruled both men could continue to use cannabis plant product to address injuries and conditions but warned they could not distribute marijuana even under the MMA.

“I’m not going to tolerate you spreading marijuana in the community, medical marijuana or otherwise,” Viviano told Ferretti. “I will allow you to continue to use — like I did while you were on bond — with a healthy dose of skepticism.

Ferretti’s attorney, Michael Komorn, said his client wouldn’t have broken the law in 2010 “if he knew then what he knows now” about the MMA, which took effect in December 2008.

“The law was relatively new,” he said. “There’s a lot more guidance now.”

Both men described physical ailments that they said warrant marijuana use. They said they consume extracted marijuana in oil form and take prescription drugs, a situation about which Viviano seemed skeptical.

“It (marijuana and pain medication) allows me to work,” Currie replied, adding he can get medical marijuana for free.

He said he takes Vicodin only for “severe” pain.

Currie’s attorney, Ted Metry, conceded marijuana “is not a cure-all,” prompting Viviano to quip, “That’s the first time I’ve heard that in this court.”

The case has a relatively long procedural history.

Roseville police acting on a tip in January 2010 arrested the men as they left the 28 Mile Road home in a vehicle. Officers learned Ferretti had a caregiver card and Currie a patient card under the MMA and searched the home.

Judge William Hackel III in February 2011 dismissed charges, ruling the officers should have sought a new warrant after learning about the MMA cards. But Viviano later reversed Hackel and remanded the case to district court to restart proceedings.